Pawan Sah @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79123 of 2018 Arising Out of PS. Case No.-427 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Pawan Sah @ Pawan Kumar, Son of Raj Kumar Sah, Resident of Village - Gausaghat, P.S. - Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi, Advocate.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 427 of 2017, registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that informant being Chaukidar received rumour to the effect that Raj Kumar Sah, who used to reside at the house of his father-in-law, killed his daughter, Nita Kumari, with the help of his family members then he informed to the Officer-in-charge, Darbhanga, Sadar. Thereafter, Officerin-charge made inquiry from Raj Kumar Sah, who admitted that he killed his daughter, Nita Kumari, by pressing her neck, as she

Patna High Court CR. MISC. No.79123 of 2018(6) dt.01-05-2019 2/3 was found indulged in sex in the house and threw her dead body at the bank of Kamala river. The informant raised suspicion about murder of Nita Kumar by her father with the help of other family members.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that Raj Kumar Sah, father of the petitioner, confessed his guilt to commit murder of his daughter, Nita Kumari, as she was indulged in sex in his house and also stated about throwing the dead body with the help of his son, Amar Nath Sah and thereafter, Amar Nath Sah was apprehended, who confessed that he helped his father, Raj Kumar Sah, for disposing the dead body, but he did not disclose the name of petitioner having hand in the present occurrence but petitioner, being son of Raj Kumar Sah, has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Sadar P.S. Case No. 427 of 2017,

Patna High Court CR. MISC. No.79123 of 2018(6) dt.01-05-2019 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T